Policy Text
DEPARTMENTAL GENERAL ORDER M-6 Rev.
29 Sep 97
Index as: Lineups Prisoner Lineups Show-Ups, Prisoner
Page 1 of 8
PRISONER LINEUPS
The purpose of this order is to state Departmental policy and procedures for
conducting prisoner lineups in order to promote fairness, eliminate witness suggestion and document the pro ceedings for use in court.
I. PLANNING A LINEUP
A. Time Lineups usually will be conducted at 1900 hours on weekdays. On weekends, lineups shall be conducted at a time that is mutually convenient for the witnesses and the jail staff.
B. Witness
1. The investigator who will conduct the lineup shall contact witnesses by telephone, request them to attend the lineup and advise them where and when it will be held. Witnesses shall not be advised that a person in the lineup is believed to be responsible for the crime.
2. Lineups involving adult suspects shall be conducted in Room 239 of the Police Administration Building (P.A.B.), 455 Seventh Street. Lineups involving juvenile suspects shall be conducted at the Juvenile Probation Center, 400 Broadway, or at Juvenile Hall, 2200 Fairmont Drive, San Leandro, depending on where the juvenile is being held. Depending on the circumstances, juvenile lineups involving three or more multiple witnesses may
be conducted at the P.A.B. with the prior approval of a
command officer.
DEPARTMENTAL GENERAL ORDER M-6 Rev.
OAKLAND POLICE DEPARTMENT 29 Sep 97
Page 2 of 8 3. The investigator shall ask witnesses to arrive at the appropriate
facility one-half hour before the lineup will begin.
C. Suspect
1. The investigator shall inform an adult suspect who has been arrested on regular warrant charges pertaining to the crime
under investigation , or who has been arraigned, that he/she has
an absolute right to have counsel observe the lineup unless he/she waives that right.
a) When a suspect exercises his/her right to have counsel observe the lineup, the investigator shall make every reasonable effort to contact the attorney named, or to obtain court-appointed counsel.
b) An uncharged prisoner, including any person arrested without a warrant on probable cause, or arrested on the
basis of a pre-complaint (Ramey) warrant, does not have the absolute right to have counsel observe the lineup (People v. Johnson [1992] 3 Cal. 4
th 1183, 1222-1223).
If, however, the suspect requests that an attorney be present, the investigator may make a reasonable effort to
contact the attorney named , or to obtain court-appointed
counsel.
2. In the event that an adult suspect is not in custody, the investigator shall instruct him/her to report to the jail office at 611 Broadway one hour before the lineup is to begin.
3. The investigator shall request the Juvenile Probation Department
to advise juvenile suspects when they will be required to
participate in a lineup and to read them their rights regarding
counsel.
D. Attorney
1. A reasonable amount of time (approximately 30 minutes) will be allowed for the scheduled attorney to appear for the lineup.
DEPARTMENTAL GENERAL ORDER M-6 Rev.
OAKLAND POLICE DEPARTMENT 29 Sep 97
Page 3 of 8 a) In the case of a charged suspect, if counsel is unable to
attend, a photographic or videotape identification procedure may be used, without the witnesses being present during the photo or taping process.
b) In the case of an uncharged suspect, if counsel has been requested and is unable to attend, the lineup may be
conducted without the attorney present.
2. Attorneys shall be contacted as follows:
a) If the suspect is already being represented by the Public Defender’s Office, the investigator shall, in all cases, contact the Public Defender as soon as possible and advise him/her of the time and place of the lineup.
b) If the suspect is not already being represented by the Public Defender’s Office and wants to have counsel observe the lineup, the investigator shall:
(1) If the suspect requests a specific attorney, make every reasonable effort to contact the attorney as soon as possible and advise the attorney of the time and place of the lineup.
(2) If the suspect does not request a specific attorney, contact the Public Defender’s Office and advise them of the impending lineup and provide the name and PFN of the suspect.
c) If the Public Defender declares a conflict of interest or
cannot attend the lineup, contact the judge in Municipal
Court Department 6, and request court-appointed counsel and advise the court clerk of the time and place of the lineup. If the judge is not available, the investigator may
call the Court Appointed Counsel office directly at (510) 893-8660.
E. Documentation.
DEPARTMENTAL GENERAL ORDER M-6 Rev.
OAKLAND POLICE DEPARTMENT 29 Sep 97
Page 4 of 8 1. The investigator shall note in the remarks portion of the Follow-
Up Investigation Report (336-201) all attorney or Public Defender notifications, the date and time, and the name of the person notified.
2. If the charged suspect waives his/her right to have an attorney observe the lineup, the investigator shall record that fact in the
remarks portion of the Follow-Up Investigation Report and have
the suspect sign a waiver on the Statement form (536-200-1). (An uncharged suspect does not need to sign a waiver.)
II. CONDUCTING A LINEUP
A. General Preparations
1. As soon as possible prior to the scheduled lineup time, the
investigator